After experiencing an accident in Melbourne, the last thing you want is to have an attorney at hand that doesn't know how to represent you adequately. You want a reputable Melbourne law firm that will fearlessly fight to acquire maximum compensation on your behalf. That is precisely what Trial Pro, P.A. does. Our Melbourne lawyers hold a strong reputation for winning cases, and we do everything in our power to deliver the results you're expecting.

Trial Pro P.A. is proud to advocate for workers compensation victims all over the state of Florida, including our office in Fort Pierce. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process. Serving all areas of Florida including Orlando, Cape Coral, Cape Canaveral, Pine Castle, Southchase, Umatilla and more!

Frequently Asked Questions About Workers Compensation in Fort Pierce, Florida

• Can you work while on workers compensation?
• Can you sue workers compensation for pain and suffering?
• Can you be fired for being injured on the job?
• Can The Internal Revenue Service take a workers compensation settlement?
• Can I get unemployment if I get hurt at work?
• Can I sue my employer for emotional distress?
• Do workers comp Insurance Companies Pay For Lost Wages?

Florida law requires most employers to buy workers' compensation insurance coverage. Under Florida workers compensation laws, employees are compensated for occupationally sustained injuries, despite fault. This insurance coverage makes companies immune from some injury suits by workers.

Experienced Fort Pierce Workers' Comp Lawyers Who Know How to Succeed In Challenging Claims

Are you searching for a Work Comp Lawyers near you? If you are injured, we recognize you may not be capable to visit our offices. If you're not able to come to our office, our experts can come to you!

Trial Pro, P.A. works with Floridians in a variety of personal injury judicial matters. Our practice areas include all sorts of personal injuries; car accidents, motorcycle collisions, wrongful death lawsuits, slip-and-fall accidents, eighteen-wheeler collisions, construction injuries and workers compensation injuries. With offices in Orlando, Tampa, Naples, Brevard County, Melbourne and Fort Myers. Trial Pro, P.A. provides strategic guidance and counsel to people in cities such as Merritt Island, Windsor, Rockledge, Roseland, Eau Gallie, Palm Shores and all throughout Florida. Contact our firm for an absolutely free and confidential assessment of your case.

Work Comp in Florida is a legally required system of benefits that are available to most employees who are injured or hurt on the job. It is a no-fault system, meaning that for the most part negligence in the cause of an accident is a non-issue. You can be totally at fault or neglectful in resulting in an injury, also this does not exclude people from getting benefits. Conversely your supervisor or coworker could be negligent in leading to the injury, and this specific does not qualify you to more benefits. Worker's Comp is claimed as being simultaneously a shield and a sword as far as providing for benefits. It is a "sword" because your Boss simply cannot defend against your claim by saying you were negligent in causing the unfortunate incident. It is a "shield" that protects Companies from having to pay workers many of the damages that are readily available to non-employees who are hurt after the unfortunate incident.

Need to file a Work Compensation Claim? Talk with our Expert Fort Pierce Workers' Comp Lawyers Contact us right now for a free consultation - 800-874-2577

This instance illustrates the "sword and shield" aspect of workers' compensation. Let us's declare Evan is an extremely sloppy chef. He rarely pays attention to what he's doing. He's going out the side door at work, hands loaded with waste, to put in the dumpster. As he races down the luminous staircases, he trips and collapses breaking his talus. His employer comes to his aid, and sees that Evan as is the custom was carrying way too much to be safe and his shoe laces were untied. You might probably expect that Evan does not have a case because his recklessness induced the injury. But you would be incorrect.

Fort Pierce companies and property owners are under legal standing accountable for taking care of their premises and must always keep it in a fairly safe and sound condition and warn occupants of any harmful conditions of which they are conscious or need to be aware.

Now let's alter the facts just a little. Evan as opposed to being sloppy is tremendously cautious. He actually ties his no slip boots in repeated knots, certainly never hurries down the stairs, and certainly never carries a lot more than he can. But his business manager has been somewhat slack recently. The light source on the stairways blown out, and he realizes that one of the steps is fractured and is a tripping hazard. Nonetheless he's too tied up to handle that issue right now. As a result, Evan trips on the cracked dark stair that his boss knew of, however failed to even try to warn Evan about. If you suppose that Evan is able to now file suit his manager or Workplace for negligence due to his boss's negligent practices, you would most likely also be mistaken. Negligent Evan possesses the very same legal rights as an injured worker as cautious Evan does. That may seem unjustifiable, but that is a consequence of fault of negligence being a non-issue in workers comp.

So let's examine who is entitled to these kinds of benefits in FL. First of all, you need to be an employee. Independent contractors (or 1099 staff members) are not entitled to workers' compensation benefits. Also, the company that you work for will need to be big enough to be required to possess work comp benefits. If there are not at the very least four workers, then the Employer isn't expected to offer work comp insurance coverage unless it is a construction employment Also, presently there are various jobs that aren't covered in The Sunshine State under workers' compensation. Samples of occupations that are not covered are nearly all real estate agents, owner-operators of trucks, the majority of volunteers, and taxi cab drivers.

Therefore let's claim you qualify as an employee under the workers' comp program, does that mean that you're entitled to benefits if you sustain an injury or have an accident on the job? Like many legal issues, the answer is that it depends. To begin with, the accident or trauma will need to "arise out of" and be "in the course and scope" of employment. Arising out of work in essence means that some aspect of the task led to the accident. An example of a reasonably regular injury occurrence at work that is not commonly a work-related accident is a heart attack or stroke. If you're sitting at your desk and you sustain a heart attack during the course of work hrs, this particular is not really going to count as a workers' comp accident. It may have taken place at work, but the work did not inflict the cardiac arrest. Whether or not you have an extremely demanding career and you're employer has been harassing you non-stop and you feature a stroke due in part to the other psychological toll work takes on you, this is not going to be covered. The cardiac arrest, stroke, or other "internal failures " are regarded to be personal in nature and unrelated to your job functions. For that reason the simple fact that the calamity manifested at work is not sufficiently. Exceptions to these exclusions emerge if: (a) you are involved in an unusual stress or effort at work, or (b) you are involved in an employment where there is a anticipation that such an event is work-related - for example, a law enforcement officer or fireman.

"In the course and scope of employment" is required for an injury to be covered under workers' comp. So as to be in the course of employment, you actually have to be at work. If you have a car or truck wreck either on your way to work or on your way home, the majority of the times those injuries are not going to be considered work-related accidents. There are exceptions. To remain in the range of employment, you need to be performing a task related to work or at the very least engaged in some form of reasonable task the Employer could have anticipated. If your job is to do desk work in a business office but you injure or hurt yourself when you and your friend decide to have a run down the staircase to see who's in the best condition that personal injury is not going to be considered work-related. You have foolishly drifted from your work duties to the point that what you're doing at that time of injury is no longer sufficiently connected to work to get regarded as work-related.

So let's claim that you've cleared the hurdles of being an employee that's injured or hurt in the course and scope of your job by an accident that arose out of work, what do you obtain? To be entitled to lost wages, you will have to miss out a particular amount of work and the disability has to last a specific period of time. If you miss out barely a full week from work, you're not going to collect lost wages. In addition if you have an injury that heals within just three weeks, you're not entitled to temporary benefits. If you do suffer an injury that places you out of job for a lengthy period of time, then you will earn compensation. On the other hand, this remuneration is not your whole salary. Rather you collect as much as two-thirds of what you were making at the time of the personal injury. If the physician says no work at all, at that point you receive 66.67% of what you were earning at the time of the accident. If the health professional states you can work with limitations AND the Employer is not able to accommodate those restrictions, you will receive 64% of your salary. But if your employer is able to accommodate those limitations and you are making 80% of your pre-injury earnings, you receive no compensation. So bottom line is that if you are missing work as a result of a work-related accident, you will lose earnings. The lengthier your injury, the more paychecks you can forfeit. Unless you settle your case eventually, those lost wages are gone for good and will not be recovered.

So let's claim that you've cleared the hurdles of being an employee that's hurt in the course and scope of your job by an accident that arose out of work, what do you receive? To remain entitled to lost wages, you have to miss out a particular amount of work and the injury has to last a certain period of time. If you miss out no more than a few days from work, you're not going to collect lost wages. Also if you have an injury that heals in less than three full weeks, you're not entitled to short-term benefits. If you do suffer an accident that places you out of job for a lengthy time, then you will obtain compensation. Nevertheless, this remuneration is not your whole paycheck. Instead you receive about two-thirds of what you were earning at the time of the personal injury. If the physician says no work at all, at that time you get 66.67% of what you were earning at the time of the injury. If the health care provider claims you can work with limitations AND the Business is unable to accommodate those restrictions, you will receive 64% of your pay. But if your Boss is able to accommodate those restrictions and you are making 80% of your pre-injury wages, you get no reimbursement. So bottom line is that if you are missing your job as a result of a work associated injury, you will lose earnings. The greater your impairment, the more earnings you can forfeit. Unless you settle your case at some point, those lost paychecks are gone for good and will certainly not be recovered.

A further limitation on your chance to receive lost wages is that those benefits are only paid for a particular period of time. As soon as you have acquired maximum medical improvement, which is the health professionals way of saying you're as good as you're going to get, you will not get any more temporary benefits. Despite the fact that you have not gone back to work or your job is no longer available, your temporary benefits end. If you receive an impairment rating as a result of a permanent lesion, you will receive permanent impairment benefits, however those benefits are less than the temporary and they are very short lived. They generally just last a matter of a few weeks or calendar months. Only very handful of injured employees, the most seriously injured, have a chance of obtaining long-term permanent benefits called permanent total disability.

Every time it relates to medical care, your rights or benefits also have big limitations. If you have injuries that calls for critical care, then you can get that care without first acquiring Workplace or workers' comp carrier authorization. Right after that very first medical care, who you see for health care is not your choosing. Your Employer or often its workers compensation insurance service provider are going to tell you who you can treat with. If you don't prefer the health care provider they choose, then you can receive a one time change but that's it. Furthermore, you don't have the ability to select that next doctor either. Again the work comp insurance carrier picks the doctor. You can obtain what is called an IME, or "independent medical doctor", but you have to pay for that medical doctor out of pocket. Your health insurance won't cover it.

One particular of the few positive elements of the health care is that you don't pay for it period, other than a $10 copayment immediately after you reach maximum medical improvement. The insurance company is responsible for all other costs of treatment including prescribed medicine and physical therapy. Still as you have the ability to probably see already, workers' comp is not an ideal program. It's also a complex system.

If you find yourself in the workers comp system, you're better off getting advice and perhaps an attorney sooner rather than later. Errors made in the workers' comp system could be challenging if not impossible to unwind. And also a number of errors can guarantee the end of your case altogether. Therefore if you have a workers' comp injury, speak to us promptly. The consultation is absolutely free, and you are under no commitment to retain us. Assuming that you do retain us, you won't be out of pocket for any expenses or costs. We only gets paid when we get benefits for our clients!

No Fees Unless We Win

At Trial Pro, our accident lawyers operate on a contingency fee basis. This means we cover the expenses of researching, building, negotiating and litigating your lawsuit. We do not charge you a thing unless we recover compensation on your behalf. If we don't win your suit, you will pay us nothing at all.

Our Fort Pierce personal injury attorneys also provide no cost assessments to examine the elements of your insurance claim and establish if you have a lawsuit. Schedule a Free Examination

If you or someone you love has been impaired because of someone else's negligence or neglectfulness, you need a highly regarded attorney by your side who is knowledgeable with the statutes and laws in The Sunshine State.

Our Fort Pierce personal injury attorneys are well-versed in personal injury lawsuits and have been recognized by our peers for our victories. Several of our lawyers have been listed as Super Lawyers and notable litigators for their success on behalf of our clients.

We have recovered desirable verdicts and settlements that contributed in aiding our clients to bounce back from their injuries or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your injuries.

Acquiring Compensation for Your Workplace Injury in Brevard County Florida

Because workers' compensation is a form of insurance policy, Florida workers compensation insurance typically covers what you would expect your vehicle insurance policy to encompass if you were hurt in an car crash. This workers compensation benefits consists of, yet might not be limited to:

• Medical Bills
• Lost Income
• Prescription Medications
• Clinical Equipment
• Earnings Replacement
• Particular Job Substitute Benefits

The nature as well as degree of your benefits rely on whether your injuries developed no disability, a partial disability, long-term disability or permanent disability.

Workers' Compensation Cases Frequently Asked Questions

• Can I Get Unemployment if I Get Hurt at Work?
• Can I Sue My Employer For Emotional Distress?
• Can The Internal Revenue Service (IRS) take a Workers Compensation settlement?
• Can You be Fired for Being Injured on the Job?
• Can You Sue Workers compensation for pain and suffering?
• Can You Work While on Workers Compensation?
• Do Workers' Compensation Insurance Companies Pay For Lost Wages?
• Do You Get a Settlement from Workers Compensation?
• How Long Do You Have To Report an Injury at Work in Florida?
• What are Common Industrial Accidents and Serious Occupational Injuries
• What Is the Statute Of Limitations On Workers Compensation Claims?
• What is Workers’ Compensation and what does it cover?
• When can you File a Personal Injury Case instead of Worker's Comp?
• 10 Steps To Take After a Work Accident in Florida